Massachusetts Road and Utility Easement Agreement
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How to fill out Road And Utility Easement Agreement?
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FAQ
Crowley, 371 Mass. 489, 495 (1976) (?easement can be extinguished only by grant, release, abandonment, estoppel or prescription?) (emphasis added); it relates to terminating an easement by a written instrument releasing a party's ?right, title and interest in an easement?.
Easements - An easement is the right of MassDOT to use all or part of a property for a specific transportation purpose. Easements can be permanent or temporary (limited to a stated period of time). Examples are a permanent easement for drainage and a temporary easement for the reconstruction of sidewalks and driveways.
The duty to care for an easement belongs to the owner of the dominant estate.
With a property easement, the servient tenement has a duty of care to make their land available for the dominant tenement's particular use or purpose. The servient tenement must not use their land in any way that will make it more difficult or costly for the dominant tenement to benefit from the easement.
The Court held that an easement for a broad grant of right of way use is limited only by its reasonable use based upon the scope set forth in the written agreement and not its historical use through the parties' course of conduct.
In Massachusetts, to extinguish an easement by prescription, the plaintiffs must show that their actions violated and were manifestly adverse to the defendant's rights in the easement for a period of twenty years.
The duty to care for an easement belongs to the owner of the dominant estate.
An easement deed should be signed and acknowledged by the grantor. A real estate deed that is required to be recorded in order to provide constructive notice must have a certificate of acknowledgment or proof of execution endorsed on the deed or attached to it. The certificate is recorded with the deed (183-29).
